Chief Justice Gertude Sackey Torkornoo
Details have emerged about the three petitions seeking the removal of Chief Justice Gertude Sackey Torkornoo from office on grounds of incompetence and stated misconduct as stipulated by the constitution.
The first petition appears to be a rehash of albeit by a different petitioner, an earlier petition to former President Nana Akufo-Addo calling for the removal of Justice Torkornoo as the Chief Justice.
The second petition could best be described as one seeking to use the esteemed office of the President to settle a personal score an aggrieved lawyer has with the Chief Justice.
The third makes allegations of financial expenses by the Chief Justice and her family, particularly trips they embarked on using public funds.
Documents disclosed by media personality, Okatakyie Afrifa-Mensah and sighted by DAILY GUIDE, which appear to be the three petitions sent to the President and forwarded to the Council of State for the consultation process mandated by Article 146(6) of the 1992 Constitution, have all called on the President to sack the Chief Justice.
First Petition – Judges Promotion
The first petition filed by a group calling itself Shining Stars of Ghana on February 14, 2023, is calling on President Mahama to sack Chief Justice Torkornoo because she requested former President Nana Akufo-Addo to promote five judges to the Supreme Court in May 2024.
The group contends that the proposal by the Chief Justice to promote the judges was in breach of Article 144 of the 1992 Constitution, with particular refence to Article 144(2) which states that “Supreme Court Justices shall be appointed by the President, acting on the advice of the Judicial Council in consultation with the Council of State and with the approval of Parliament.”
The petitioners claim that by writing to the then President in her personal capacity as the Chief Justice, she had met the grounds of stated misbehaviour, an offence that merited the removal from office since no part of the process to appoint Justices of the Supreme Court admitted of her personal recommendation.
The group is also calling for the removal of Chief Justice Torkornoo for presiding over a panel that determined the constitutionality of an action by the Speaker of Parliament, Alban Sumana Bagbin without hearing him in court.
Strangely, the petition makes reference to an ex-parte motion filed before the court which resulted in the court’s decision to stay the hands of the Speaker who had declared four seats in Parliament vacant because their occupants had decided to contest the 2024 parliamentary election as independent candidates.
It however, makes no reference to the fact that the Speaker chose not to file a statement of case or a memorandum of issues in the substantive suit despite the opportunities given him to do so, resulting in the court eventually setting aside his decision.
Second Petition – Settling Score
The second petition filed by a senior police officer and a lawyer appears to be an attempt to get at the Chief Justice for scolding him during a case in which he made an appearance before the Supreme Court in November 2023, and was humbled by the court.
The petitioner wants the Chief Justice suspended immediately for ‘doctoring evidence’, abusing her office and being discourteous and aggressive towards him in court.
The petitioner avers that he appeared before the Supreme Court in November 2023 in a case and the CJ was unruly to him, asking him to “Stop Shouting at the Court” during his submissions and without provocation, caused his arrest and detention for about two hours on the grounds that he was rude and exhibited conduct that was unbecoming of a lawyer.
Surprisingly, the petition failed to make mention of the entire episode on that day, including the fact that the lawyer and now petitioner lost control of himself and shouted at the Bench.
It also omits the fact that it was the decision of a panel and not the Chief Justice alone, as well as the admonitions he received from some members of the panel that heard the case.
It is recalled that Justice Gabriel Pwamang, who was on the panel that day, told the lawyer that he was prosecuting a matter in court, hence he should know he was operating in an arena of rules and thus, aggression does not help the court.
It is also recalled that Justice Yonny Kulendi, another member of the panel, told the lawyer that the court is not swayed by anger or aggression but by persuasion, likening advocacy in court to the wooing of a woman. The latter drew wild laughter from the gallery.
It is again recalled that two senior lawyers who witnessed the incident rose to their feet to plead on behalf of the lawyer, an act which the court took into consideration when it decided to forgive the lawyer and let him off the hook.
Now, he is claiming that when he requested the record of proceedings from the Supreme Court, he was shocked to see that it contained no reference to his arrest or the ‘disparaging’ remarks the Chief Justice is alleged to have made off record.
That, to him, constitutes tampering with evidence and abuse of her privileged office.
Third Petition – 21 Instances
The third petition filed by a Ghanaian citizen alleges 21 instances of misbehaviour on the part of the Chief Justice and four counts of incompetence which must necessitate the removal of Chief Justice Torkornoo by President Mahama.
It alleges, among others, that the Chief Justice allegedly used GH¢261,890.00 of public fund for her private foreign travel in 2023 with her husband and daughter, who were not entitled to such benefits. They also spent $30,000 of public funds as per diem on the trip.
It further claims that in the same 2023, her Ladyship misappropriated GH¢75,580 on another trip with her husband to Arusha, Tanzania, where she also spent $14,000 of accountable imprest which she failed to account for.
BY Gibril Abdul Razak